EU Council publishes draft conclusions on the retention of data to fight the crime
On 27 May, 2019, the Presidency of the Council issued draft conclusions of the Data Retention Working Party on the retention of data by telecoms service providers for the purpose of fighting crime.
The Conclusions point out that legislative reforms at national or EU level (specifically naming the future e-Privacy Regulation) should maintain the legal possibility for data retention schemes. They see data retention by telecoms service providers as an essential tool for the effective investigation of serious crime, including terrorism and cybercrime, and recommend implementing proportionate, necessary and transparent data retention obligations for telecoms businesses.
The Conclusions note that the data retention regimes should nonetheless provide for sufficient safeguards for fundamental rights, including the rights to privacy, personal data protection, non-discrimination and presumption of innocence.